Can an affinity test be applied as a litmus test in cases of caste claims?

The caste, tribe, or community certificate issued by the appointing authority in the required form for SCs, STs, and OBCs is only recognised as proof of a candidate’s claim to be a member of a Scheduled Caste, Scheduled Tribe, or Other Backward Class.

The test of affinity

An affinity test requires authorities to investigate and prepare a report on caste or tribe claims based on the peculiar anthropological and ethnological traits, deities, rituals, customs, mode of marriage, death ceremonies, methods of burying dead bodies, and so on, of the particular caste or tribe, as well as the applicant’s knowledge of them. The court, however, stated that an “affinity test can never be conclusive” in proving a caste or tribe claim.

Provisions in India that protect the rights of SCs and STs

The Indian government has created legislation to eliminate negative discrimination and has implemented several reforms to improve the quality of life for the poorer parts of society. Among these are a few:

• Fundamental human rights are guaranteed by the Constitution.
• In 1950, ‘untouchability’ was abolished.
• Reservations in areas such as educational institutions, job chances, and so forth
• Creating social welfare departments and national committees to look after the rights of scheduled castes and tribes

1. Right to equality: Articles 14, 15, 16, 17, and 18 of the Indian Constitution elaborate on the Right to Equality. It refers to legal equality, which excludes any injustice based on caste, race, religion, place of birth, or gender. It also involves equitable job opportunities, the removal of untouchability, and the abolition of titles.

2. Act to Prevent Atrocities against Scheduled Castes and Tribes: In order to prevent atrocities against SCs and STs, the Government of India passed the Scheduled Castes and Tribes (Prevention of Atrocities) Act in 1989. The Act’s goal was to avoid atrocities and aid in the social integration of Dalits into society. This regulation attempts to prevent crimes against Scheduled Castes and Scheduled Tribes from being committed by anybody other than Scheduled Castes and Scheduled Tribes.  An offender is someone who is not a member of a scheduled caste or tribe but commits an offence stated in the Act against a member of a scheduled caste or tribe. All of the offences enumerated in the Act are punishable by law. The police can arrest the perpetrator without a warrant and begin an inquiry without waiting for court permission. The Act specifies both minimum and maximum penalties. In most situations, the minimum sentence is six months in jail, with a fine, while the maximum sentence is five years in prison with a fine. In other circumstances, the minimum term is increased to one year, while the maximum is life imprisonment or even death.

Case Law

In the Priya Pramod Gajbe vs State of Maharashtra, Supreme Court held that the ‘affinity test’ cannot be used as a litmus test for examining caste claims. If an applicant can produce authentic and genuine documents from the Constitution period proving that he is a member of a tribal community, there is no reason to reject his or her claim because, prior to 1950, no reservations were provided to the Tribes listed in the Constitution (Scheduled Tribes) Order.

In this instance, the Scheduled Tribe Caste Certificate Scrutiny Committee rejected the applicant’s claim (that she is a member of the ‘Mana’ Scheduled Tribe) on the following grounds: (1) she failed the Affinity Test administered during the vigilance investigation. (2) She failed to demonstrate that she was born in an area where the Mana Scheduled Tribe people live. The writ suit contesting this ruling was rejected by the Bombay High Court.

The court stated that there is no basis to throw out the pre-Constitutional document from 1924. It said that documents from the pre-Constitution period demonstrating the applicant’s caste and forebears had the highest probative value. If an applicant can produce authentic and genuine documents from the Constitution period proving that he or she belongs to a tribal community, there is no reason to reject his or her claim because there were no reservations provided to the Tribes listed in the Constitution (Scheduled Tribes) Order prior to 1950.

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